Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the 

Antitrust enforcement in labor markets has become a focus of the U.S. antitrust regulators in recent years, with particular scrutiny on agreements between employers not to recruit or solicit each other’s employees—so-called “no poach” agreements.  In a recent decision, a court in China held no‑poach and employee compensation-fixing agreements to be illegal, the first such court decision in the country.  The court’s decision, however, reveals the difficulties in analyzing no-poach agreements within China’s existing antitrust regime and analytical framework.  This article provides an overview of the Chinese court’s reasoning in its recent decision and a comparative assessment to the approach in the United States.

As the climate and biodiversity crises loom, coherent efforts are needed in all fields to get to “net zero”. Just as public action is needed, cooperation in the private sector may also prove indispensable to achieve sustainability goals in the short time available.

On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1]  As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities.  He underlined that also merger control will continue to serve as a key tool to achieve this goal.  In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.

Cleary Gottlieb partners Maurits Dolmans, Henry Mostyn and associate Emmi Kuivalainen authored the paper, “Rigid Justice is Injustice: The EU’s Digital Markets Act should include an express proportionality safeguard” which was published in Ondernemingsrecht issue 2-2022.